Notice period pay calculation
Ankit Bidani
(Querist) 02 June 2012
This query is : Resolved
Dear Experts
I've a query related to Notice Period Pay, I was working with a consultancy in Delhi headquartered in Kolkata.
As per my AL I had to serve 30 days notice to the company, but due to non availability of enough time I only served 8 days notice period and joined a new organisation.
Now when I applied for my PF the company has sent me a demand notice asking for notice pay. The notice pay has been calulated on Gross Salary and has few wrong dues mentioned. I spoke to the ex-employer and informed them that I have all intentions to clear any dues but the caluclation should be rectified first.
I requested them to calculate the notice pay on Basic Salary since they are calculating the balance leave encashments on Basic Salary and there is nothing specifically mentioned in AL about notice pay to be calculated on Gross.
But they are saying it is company's policy and threatning me that they will write to my present employer if I do not clear the dues.
To me it seems totally unfair that they are calculating balance leaves on Basic but notice period pay on Gross.
Please suggest what can I do to prove my point strong and are there possibilities of any legal problems against me even though my intentions are to clear the dues respective to right calculations.
Also, as per SE Act 1954 one has to pay notice amount equal to one month's pay. Should not we consider "Pay" as "Basic+DA" as per Minimum Wages Act?
Looking forward to some valuable suggestions.
Thanks
Ankit
ajay sethi
(Expert) 02 June 2012
pay notice epriod demanded . always part amicably with ex employer . if differnce amount claimed by company and amount you feel should be pyable is not substantil immediaedly pay it
Devajyoti Barman
(Expert) 02 June 2012
What the company is doing is not legal.
Do not succumb to pressure and lodge complaint with the PF Commissioner.
Once you do that you would see the result.
Ankit Bidani
(Querist) 02 June 2012
Thanks Mr. Sethi & Mr. Barman.
Kindly suggest calculation of notice period pay on Gross Salary in this case where ex-employer is calculating balance leaves on Basic Salary is correct or wrong?
Also the word "Pay" as per the SE act 1954 means Basic+DA or Gross Salary?
